IN THE HIGH COURT OF SINDH AT KARACHI

CP NOS.S-1957 & 2662 OF 2018,

87, 105, 258, 277, 331 & 357 OF 2019
---------------------------------------------------------------------------------------------------
Date Order with signature of Judge
---------------------------------------------------------------------------------------------------

Date of hearing: 22nd January, 7th February 2019

07.03.2019

Mr. Qadir Hussain Khan, advocate for petitioners.

M/s. Sajjad Ahmed Chandio and K.B. Lutuf Ali Leghari advocates
for respondent No.7 in CP No.S-1957/2018.
Mr. Ghulam Muhammad advocate for respondent in CP No.S-
105/2019.
Mr. Mushtaq A. Memon advocate, learned amicus curiae.
Mr. Salman Talibuddin, Advocate General Sindh and Ch. Khalid Nawaz,
Assistant Advocate General and Ms. Nigar Afaq, State counsel.
Mr. Faheem Hussain Panhwar, Deputy P.G.
Ms. Anjum Iqbal, Addl. Secretary Women Development Department,
Ms. Nuzhat Shirin, Chairperson, Sindh Commission on the status of
Women, Ms. Fauzia Masood, Deputy Director, Sindh Child Protection
Authority, Karachi, Muhammad Khaliq Qureshi, Deputy Director/Focal
Person, Sindh Welfare Department, DSP Raza Mian I.G.P. (Legal).
PI Abdul Latif, SHO PS Clifton, SIP Muhammad Anwar, PS Artillery
Maidan, Karachi, SIP Sujawal Iqbal, PS Sher Shah and PI Raja Afzal.

ORDER

SALAHUDDIN PANHWAR, J. Captioned petitions pertain to Domestic

Violence (Prevention and Protection) Act 2013; petitioners (mothers,

sisters, wives) have approached this Court against sons, brothers,

husbands respectively, with regard to harassment caused by them on

different grounds and apprehensions of eviction from their residential

places.

2. At the outset, it is material to add here that ‘domestic

violence’, targeting the weakest of society i.e women and infirm old

(parents), has been increasing abnormally. The aggrieved, normally,

resorts to constitutional jurisdiction when there is no efficacious

remedy available at door-step. The heat of the issue was felt while

hearing the CP No.S-1957/2018. At this juncture it would be

conducive to refer order dated 15.10.2018 passed in CP No.S-

1957/2018 as under:-
 - { 2 } -

“2. At the outset learned counsel for respondent No.7

contends that petitioner filed a suit at Khairpur wherein
she claimed that she has left house with one minor aged
about 6 months and thereafter contends that respondent
No.7 has divorced her and minors are studying in
Karachi and respondent No.7 has questioned the
character of his wife hence he has expelled her from her
house.

3. After hearing the petitioner and respondent No.7 it

is not disputed that respondent No.7 is serving as
reporter in the Provincial Assembly since 2012/2013 he
had hired a flat and was living with petitioner; their
marriage was solemnized in 2007 and from this wedlock
they have five kids and alleged detenues are school
going; petitioner has been expelled from house in
January this year.

4. Respondent No.7 contends that petitioner has

failed to perform her duties as mother and even has not
attended any parents‟ meeting at school. In response
thereto petitioner contends that for ten years she has
given birth to five kids with seizure and was always
caring to them; at the time of marriage she was studying
in intermediate and she was not in a position to continue
her education but was suddenly expelled to step on
roads after such long union thereby had no immediate
shelter.

5. The typical situation gives rise to following

propositions that:-

“Whether an act of driving out a housewife by

husband during continuity of marital ties is
justified? and

“Whether there is any legislation so as to

accommodate such driven out house-wife?

None can deny the fact that Religion of Islam

places much insist on „dignity / parda‟ of the women
and despite giving ‘woman’ equal rights yet does not
consider her “identical” with ‘man’. The biological
makeup of the man and woman, difference of
physiology and psychology , the creator (Allah
Almighty) himself has defined duties and obligation (s) of
both. Such defined difference places the ‘man’, in all
normal situations, to ensure protection of dignity and
life of the ‘women’, which too, without crossing the
ordained limits. Further, the typicality of our culture
and custom never prepares a „women‟ from her very
beginning (childhood) for earning livelihood. Despite,
changing / developing status of a „woman‟ from
„daughter to wife‟ „and wife to mother‟, she has been
assured of her „maintenance‟ by the ‘men’ regardless of
his status as „father; brother; husband or son (capable
of earning). This has been the reason that very touch-
 - { 3 } -

stone of measuring „respect‟ of a ‘man’ has not been

attached to his poverty or wealth but as stated by the
Holy Prophet (‫ )صلى هللا عليه وسلم‬that:

“Among you the most respectable is the one

who respects women and the most disrespect is
the one who disrespects the women”

The Holy Prophet also said “It is the generous (in

character) who is good to women and it is the wicked
who insults them”.

One must remember that a woman when agrees to

part with her status as daughter so as to step into
status of wife she relieves her father / brother from her
maintenance / care which ‘duty’ is presumed to have
been taken by the ‘man’ (husband) once he accepts her
in her Nikah/marriage. Such agreement not only
requires the husband to maintain her but to give due
respect to wife. The respect shall always include dignity
of woman and if she is compelled to step out on ‘road’
certainly certain privileges, which she in all
circumstances enjoys, shall stand prejudiced. It is also
divinely instructed that:-

“And live with them honourably” (al-Nisaa 4:19)

It may well be added that driving a woman out of

the house would certainly expose her to „Na-mehrams’
who otherwise are not permitted to come in contact with
a ‘woman’.

If a man does not legally part with his status as

‘husband’ he legally is believed to continue discharging
all his obligations which he owned at time of Nikah /
marriage. I would add that term „maintenance‟ would
never find its true meaning by throwing some money at
her or expecting her parents to take care of her but it
shall always include all which are necessary to complete
the term „life‟. However, this shall never give any undue
advantage to woman because such obligation is well
balanced :

“Let the rich man spend according to his

means; and the man whose resources are
restricted, let him spend according to what
Allah has given him” (al-Talaaq 65:7)

The accommodation thus is necessary part of the

maintenance hence if a man for any reason wants a
 - { 4 } -

temporary separation (as a warning even to his wife) yet

he is expected not to deprive her (wife) any right which
does include accommodation. It may be added that
divine advise for a ‘man’ (husband) even while divorcing
his wife is:

“Lodge them (divorced women) where you dwell,

according to your means” (al-Talaaq 65:6)

Therefore, the proposition-1 cannot have any other

answer but a ‘BIG NO’.

However, it is an irony that we experience such

incidents on regular basis which the ‘man’ dare to do
while wrongly interpreting certain „privileges‟ , given to
‘man’ only. The picture, so surfaced in instant case, is
one of such abnormal increased incidents.

Keeping above in view, I would add that since the

‘state’ has been given the ultimate status of ‘guardian’
therefore, if there is any such infringements then it is the
state which should be available thereby assuring
temporary arrangement couple with a complete
mechanism. However, presently I could not lay my
hands on any legislation which deals with situation
arising out of proposition-1. The position, being so,
requires a little more from the ‘State’ to do legislation
which (legislation) is believed to protect a right or to
prevent an infringement thereof.

6. Now, reverting to merits of the case, since

admittedly Makhdoom Bilal, Makhdoom Siraj and
Tehreem Fatima are minors which (minority/tender age)
always tilt in favour of lap of mother. Accordingly,
without prejudice to competence of guardians court to
determine welfare of minors, the custody of minors
namely Makhdoom Bilal, Makhdoom Siraj and Tehreem
Fatima is handed over to the petitioner (mother). At this
juncture it is surfaced that Makhdoom Mehraj aged
about 3 years, after being snatched from the petitioner
was handed over to grandmother at the village at Sehwan
Sharif. Judicial propriety demands that petitioner shall
continue her stay in the same house where she was
residing with her husband however respondent No.7
shall make alternative arrangement for accommodation
and maintenance of minors till further decision of the
welfare of the minors and till then respondent No.7 is
required to meet all expenses and maintenance of minors
under the supervision of the petitioner (mother). At this
juncture respondent No.7 contends that time may be
given for alternate arrangement for accommodation of
minors and maintenance, till then custody may be
handed over to the petitioner, such proposition is
accepted by petitioner, further respondent No.7 contends
that he will bear all educational expenses of kids and
treatment is free on his health card however he would
 - { 5 } -

provide Rs.10,000/- per month. It is further settled that

one minor is with cousin of respondent and accordingly
he shall be produced on next date.

8. In view of paragraph No.5, copy shall be provided

to Advocate General Sindh with regard to legislation on
this issue if any, as well as issue notice to Attorney
General of Pakistan. The Chief Secretary Sindh shall
submit report with regard to Legislation for the
protection of housewives as well temporary gap-
arrangement of immediate shelter / safety of such
women. Needless to add that if there is no legislation, the
quarter concerned is hoped to process for proper
legislation in this regard by adopting proper procedure,
so required for such purpose.

At this juncture it would be conducive to appoint

Mr. Mushtaq A. Memon and Mr. Khalid Javed Khan,
advocates, as amicus curiae to assist this Court. Office
shall provide copy of this order with petition and
annexures within three days.”

3. The answer to proposition-1 was responded as „BIG NO’

while the proposition-2 was left open while adding as „presently I

could not lay my hands on any legislation which deals with

situation arising out of proposition-1’’ hence amicus curie was

appointed. Needless to add that at such occasions the representation

of the ‘Government’ was there. Here, I will prefer to take a pause

and would first reproduce order dated 26.02.2019 passed in CP No.S-

2662/2018 and others connected petitions :-

“Comments are filed as well report is also filed for

Social Welfare Department, which are taken on record. At
the very outset, learned AAG submits that he has spoken
with all relevant Officers on this issue; according to
them, matter pertains to Women Development
Department. However, there are many departments
working on this issue and joint mechanism is yet to be
framed. Accordingly, Chairman Status of Women
Commission, Secretary Social Welfare, Secretary Women
Development Department and D.G. Child Protection
Authority shall submit compliance report with regard to
Women, Children and vulnerable persons in view of
Domestic Violence Act 2013. They shall depute
Additional Secretaries / focal persons for assistance and
implementation of the order dated 14.02.2019 passed in
C.P. Nos.D-2662/2018, 258 & 277 of 2019 and orders
passed on different occasions.

To come up on 07.03.2019 at 11:00 a.m. Issue

 - { 6 } -

notice to the private respondents in the aforesaid

petitions. In the meanwhile official respondents shall
provide complete protection to the petitioners in the
aforesaid petitions. In case of failure, they would be
exposed to contempt proceedings. Learned MIT shall
submit report with regard to circulation of Domestic
Violence Act, 2013 to all the concerned Magistrate of the
Districts for its implementation.”

4. Resuming, I am forced to add here that the Government

legally cannot take an exception merely by making ‘legislation’

unless the same are divulged. The irony which I am attempting to

unfold requires referral to order dated 14.02.2019 passed in CP

Nos.S-277 and 258 of 2019 as despite existence of a comprehensive

legislation the proposition-2 could not found an answer in time. The

order reads as:-

“SALAHUDDIN PANHWAR, J: Petitioner in CP No.S-

277/2019 has stated that her daughter Mst. Iqra was
married with respondent No.5 on 23.08.2018; three
months back Mst. Iqra was compelled to leave the house
of respondent No.5 when she was carrying pregnancy of
fifth month hence took shelter of her mother (petitioner),
Mst. Iqra was beaten by respondent No.5 in collusion
with other respondents; petitioner and her daughter
approached concerned police station and from there they
were referred to Abbasi Shaheed Hospital and medical
reports were issued. Further, son of petitioner namely
Adil was taken by police of PS Surjani Town on
06.02.2019 and detained in illegal confinement for one
day. Private respondents are still harassing the petitioner
and her daughter, petitioner approached concerned
authorities for protection and security but to no avail
hence this petition for direction to the respondents to
provide protection and security to the petitioner and her
family members in accordance with law.

2. Petitioner in CP No.2662/2018 stated that she is a

widow, her husband has expired leaving behind five
children; respondents No.4 and 5 are real brothers of
petitioner who are harassing the petitioner and her
children; she approached concerned authorities for
protection and security but all in vein, hence this petition
for direction to the official respondents to provide
protection and security to the petitioner in accordance
with law.

3. Petitioner in CP No.S-258/2019 is a widow aged

about 65 years, she stated that she permitted respondent
 - { 7 } -

No.5 who is her son, to temporarily live in her house but

he alongwith respondent No.4 has illegally occupied the
house and removed the petitioner from the house and
also threatened her for dire consequences; since private
respondents are harassing the petitioner, she
approached concerned authorities for protection and
security but to no avail hence this petition for direction
to the official respondents to provide protection and
security to the petitioner in accordance with law.

4. Before going into merits of the case, I feel it quite

necessary to say that no law allows one to become victim
of cruelty merely for reason of his / her being a women,
child, old aged and infirm rather directs all relations
such as ‘husband’; father of a child’ and son of an old
aged and infirm parent to show love at such time of
their life by ensuring all privileges of life to them. This
has always been the divine direction in all religion and
expectation from every civilized culture / society,
however, regret to admit that we had no such specific law
till enactment of Domestic Violence (Prevention &
Protection) Act, 2013. I shall have to admit that the
preamble of the Domestic Violence (Prevention and
Protection) Act, 2013 is sufficient to describe the
importance and vitality thereof which reads as:-

(underlining is for emphasis)

WHEREAS it is expedient to institutionalize

measures which prevent and protect women,
children and any vulnerable person from
domestic violence and for matters connected
therewith or incidental thereto;

5. Prima facie, it was enacted to provide protection to

the weakest class of society i.e „women & children‟ as,
normally, we are carrying a presumption of living a ‘male
dominant society’ where aggrieved even does not dare
to tell about ‘domestic violence’ because of threats of
being abandoned or dispossessed / removed from
household. This appears to be the sole reason that while
enacting the legislature deliberately inserted section 3
which reads as:-

“Government shall ensure that -

(a) this Act and the contents thereof receive wide

publicity through electronic and print
media in Urdu and local languages;

(b) the Government officers, the police and the

members of the judicial service are given
 - { 8 } -

periodic sensitization and awareness

training on the issues addressed by this Act;
and

(c) effective protocols are formulated by the

concerned Ministries and Departments dealing
with health, education, employment, law
and social welfare to address the issue of
domestic violence and that the same are
periodically revised.

The above provision is an exception which, normally, is

not included in legislation. This brought the Government
(Sindh Government) under a mandatory obligation to
divulge the scope and objective of the Act so that
aggrieved (women and children) may, no more, be victims
of domestic violence rather could feel protection and
those guilty of such like acts may be prevented from
repeating such offences. Despite being under such
bounden obligation, the Government of Sindh, I am sorry
to say, failed thereby never allowed the lawfully enacted
act to take birth even rather allowed it to remain in dark
at cost of otherwise guaranteed fundamental rights of
aggrieved, including women and children.

(underlining is for emphasis)

6. The perusal of the Act shows that term „domestic

violence‟ has no limited definition but has been
extended thereby making it applicability to cover all sort
of situation (s) including ‘stalking’.

7. The legislature, I would appreciate, did kept in view

the typical thoughts of our society therefore not only
insisted upon publicity of the scope and object of the Act
but also asked for immediate constitution of „protection
committee‟ wherein those have been included so as to
provide good counseling as well required assistance
which an aggrieved person may require in such a
situation. However, none has placed any such
notification whereby such committee is to be notified.
This again proves negligence on part of the Government
though an Act, once passed, brings the Government
under mandatory obligation to give weight thereto. I
would add that since, otherwise, guaranteed rights of
women, children etc to enjoy feel of protection of law,
once earned blessing of the law, cannot be left
unattended because of negligent attitude of the
government. Such negligence has resulted in making the
present petitioner to approach this Court for a relief
which, otherwise, was available to him at root-level.
Therefore, I find it in all fairness to order the Sindh
Government to:
 - { 9 } -

i) immediately compliance of Section 3 of the Act in

its letter and spirit;

8. However, since the law itself has vested jurisdiction

in the Courts therefore, which seems to be not being
exercised perhaps because of reason of non-compliance
of section 3 supra, therefore, learned M.I.T of this Court
shall ensure that such Act is circulated to all Magistrates
who shall ensure compliance when any person falling
within the category of that Act approaches them; they
shall be provided protection. Learned Magistrates would
be competent to pass further orders with regard to
monetary aid and with regard to restraining eviction.
Besides, IGP Sindh is hereby directed to ensure that
complaint of harassment in above categories shall be
referred to concerned Magistrate.

9. I would further add that normally the victims of

‘domestic violence’ do not find any immediate reliefs but
remain dependant upon others (not morally and legally
obliged to maintain) or in shelter house (s) therefore,
legislatures did address such situation. One of the aims
of the Act is also to ensure immediate interim relief to an
aggrieved from being dispossessed / removed from house
hold but also :

a) compensation to the aggrieved person for suffering

as a consequence of economic abuse to be
determined by the court;

b) loss of earning;

c) medical expense;

d) the loss caused due to the destruction, damage or

removal of any property from the control of the
aggrieved person; and

e) the maintenance for the aggrieved person as well

her children, if any, including an order under or in
addition to an order of maintenance under family
laws.

couple with direction to respondent to:

pay monetary relief to the person aggrieved within

the period specified, as directed in accordance with
law.

Therefore, the Magisterial Court (s), the law hopes, shall

feel courageous in dealing with such situation (s) by
passing interim order (s) but on being satisfied of prima
facie substance.

10. The Bars Association (s) are houses of those,

believed to be well versed, hence it is also hoped that the
Bar Association (s) shall also provide necessary
 - { 10 } -

knowledge about the scope and object of the Act by

arranging the Seminar (s) etc inviting Judges for
participation too.

11. Reverting to merits of the case, since I am

conscious that legally the proper remedy for issue of
domestic violence lies with Magisterial Court hence it
would be appropriate to leave it open to be addressed,
however, meanwhile Learned Magistrate having
jurisdiction of PS Surjani Town shall ensure that no
harassment is caused to the petitioner and her daughter.

12. The Chief Secretary Sindh shall submit report with

regard to sections 3, 4, 17, 18 and 21 of the Domestic
Violence (Prevention and Protection) Act 2013 and ensure
that Commission and Committees are notified within a
month; wide publicity shall be given regarding this Act.
As well Advocate General Sindh shall submit whether
Rules under the Act have been framed or not.

13. Issue notice to respondents for 26.02.2019 at 9.30

a.m; copy this of order be sent to Prosecutor General,
Advocate General Sindh, Chief Secretary, I.G.P. Sindh,
Vice Chairman, Sindh Bar Council; the focal person of
Social Welfare Department, Government of Sindh, shall
also be present, with compliance report on next date of
hearing.”

The above back-ground, I believe, would have made clear the

reasoning for referral of earlier orders and brining all the above

petitions in one line.

5. Heard learned counsel for petitioner as well A.G. Sindh,

Chairperson of Sindh Commission on Status of Women,

representatives of Social Welfare Department, Women Development

Department and Child Protection Authority.

6. Learned A.G. Sindh contends that earlier seventeen 17

safe houses were established, which figure has risen upto 29 (safe

houses) in the Province at present; in cabinet meeting Rupees five

million for each safe house has been allocated and accordingly

Rupees 145 million is allocated for all 29 safe houses, same shall be

at the disposal of the Deputy Commissioners. He further contends

 - { 11 } -

that every district committee will comprise of representatives of every

department relating to women under the Deputy Commissioners and

temporary shelter will be provided to women/vulnerable persons. The

efforts are worth appreciating, however, it is believed that every single

penny shall be guarded jealously and it shall be ensured that

deserved receive their ‘due’ without any loss of time and things shall

not be on papers and figures but shall, hopefully, satisfy their

purposes and objectives. All the ends shall ensure their active

participation and fruits, hopefully, shall appear in days.

7. At this juncture representative of Women Development

Department contends that pursuant to above referred orders,

Commission on domestic violence has been notified on 16.03.2018,

accordingly 29 posts of Protection Officers are to be created under the

SNE and 4 posts are created at present, further Finance Department

has advised for creation of remaining 25 posts in SNE 2019-2020,

such SNE has been submitted. It is admitted that for the last years of

promulgation of Domestic Violence (Prevention and Protection) Act

2013, same is not implemented due to various hurdles, notes

submitted further show that Committees as per requirement would

be notified within fifteen days as well there are certain amendments

which are to be made in such Act as suggest by Sindh Commission

on Human Rights and Commission on status of women; such report

is submitted by Women Development Department. The plea of

improvements / amendments in a law, I insist, can never be a

justification in delaying enforcement of an ‘Act’ else it would amount

doubting the competence and wisdom of the ‘legislatures’ which

authority lies with none. The moment a law is passed it carries

impression of perfection / completion to meet the situation (objective)

 - { 12 } -

for which it is enacted. The time or change in situations may open

the possibilities of ‘amendments’ but such plea can never be an

excuse to give an effect to law. I am forced to regret such plea

particularly when the vitality of such law was insisted by Section 3

thereof. The vitality of the Act was always demanding a prompt action

and notification of ‘Commission’ as well protection officers which,

however, remained hanging till hammered by this Court. This Court,

being ultimate guardian of law and that of fundamental rights, shall

always keep hammering as and when notices any thing alike

however, government was / is always believed to be more vigilant as

it (government) is, otherwise, directly answerable to its people,

therefore, I believe that in future no such negligence shall be shown

nor the ‘government’ shall ever come with such an excuse in future.

It shall ensure implementation of Domestic Violence (Prevention and

Protection) Act 2013 in its letter and spirit.

8. Since Child Protection Authority, Social Welfare

Department, Women Development Department, Commission on

Status of Women are working in same field separately with separate

budget and with separate workforce, thus judicial propriety demands

SOPs and mechanism for effective delivery of all the departments

jointly hence Mr. Tauha Farooqui, Secretary, Social Welfare

Department, Government of Sindh, Ms. Anjum Iqbal, Additional

Secretary Women Development Department and Chairman,

Commission on Status of Women, Director General Child Protection

Authority shall submit such mechanism after due consultation and

deliberation thereby assuring complete implementation of Domestic

Violence (Prevention and Protection) Act 2013 and Sindh Child

Protection Authority Act 2011 and other relevant laws in field.

 - { 13 } -

Besides, complete details of orphans houses/places owned by the

government or any Scheme shall be submitted before next date of

hearing.

9. It would be pertinent to mention here that since the

scope of the Act is much wider and prima facie is aimed to ensure

immediate rescue and assistance to an aggrieved (as defined in the

Act) therefore, in every single district, committees are required to be

formulated hence a mechanism of ambulance/rescue service shall be

provided with toll-free number accessible to everyone. The manner in

which the Act itself has insisted about composition of the ‘Protection

Committee’ (Section 17(2) ) is self sufficient to indicate that required

objective would not be achieved unless special task force is created

with special training in that field to deal with women, children and

destitute persons, therefore, it is hoped that this aspect shall be

considered by the quarter concerned. Such force shall be provided

rescue vehicles having sufficient space with capability to rescue the

victim of domestic violence, in every district. It is pertinent to mention

that a psychologist including Protection Officers and other posts in

each districts shall be filled within three months, same is demand of

the Act. Since such Act provides shelter homes in every district, fate

of safe houses shall also be decided by the above referred

departments whether same shall be governed under that referred

Act? or government may choose to establish parallel shelter homes.

10. Since such Act is in field since 2013 but Province of

Sindh has failed to comply with section 3 of Domestic Violence

(Prevention and Protection) Act 2013, which states that :-

“3. Government shall ensure that:-

(a) this Act and the contents thereof receive wide
publicity through electronic and print media in
Urdu and local languages;
 - { 14 } -

(b) the Government officers, the police and the

members of the judicial service are given periodic
sensitization and awareness training on the issues
addressed by this Act; and
(c) effective protocols are formulated by the concerned
Ministries and Departments dealing with health,
education, employment, law and social welfare to
address the issue of domestic violence and that the
same are periodically revised.”

Hence, campaign shall be launched by all departments by taking

steps on emergency basis in every district by using social as well

electronic and print Media by including it in public interest

Seminars. As well District Judges shall be taken onboard. The

campaign must not only make the people aware about the objective of

the Act but should also make it known to people that the doors of the

Courts of Magistrate shall always be open to an aggrieved or an

informant for immediate rescue / help, as provided by Section 7 of

the Act and even no formality to approach concerned police station is

needed. Worth to add here that resort to any other available legal

remedy shall never be taken as a bar to what the Act itself provides to

an aggrieved (Section 27 of the Act). The Magistrates shall ensure

what the objective of the Act demands of them i.e not only wiping the

tears of the cheeks of aggrieved but restoring what is snatched or

attempted to be snatched of them while making them a victim of

‘domestic violence’. Learned Prosecutor General Sindh shall

ensure that Prosecutors are assigned to assist the applicants and

Courts accordingly.

11. Besides, learned MIT was directed to circulate Domestic

Violence (Prevention and Protection) Act 2013 to all Magistrates,

accordingly report shall be submitted quarterly with regard to cases

of domestic violence and action taken thereon.

 - { 15 } -

12. Office shall send one set of every petition after receiving

from the parties, to concerned Magistrate for hearing the parties and

disposal thereof in accordance with law, except CP No.S-331/2019

wherein one lady who is from Jordan and claims that she has been

deprived of property by her brother. Chairman, Commission on

Status of Women present contends that they will provide every

assistance to that lady however that lady may pursue her remedy as

provided under the law.

13. CP No.S-331/2019 is disposed of. CP No.S-1957/2018

is disposed of in terms of order dated 07.02.2019 regarding

maintenance to be adjudicated by family court.

14. Office shall not entertain any petition regarding domestic

violence, as such Act provides alternative and efficacious remedy by

approaching concerned Magistrate. Learned MIT shall ensure

compliance of section 11 of the Act in its letter and spirit. Concerned

Magistrates shall receive harassment applications and entertain the

same as well shall update the same in workflow management web

portal.

15. At this juncture, while feeling very pertinent role of

police regarding harassment issue, all D.I.Gs of the Province shall

start awareness campaign and refer the case of harassment in above

categories to the learned Magistrates for disposal in accordance with

law, till finalization of Committees and Rescue force in each district.

All captioned petitions are disposed of. A copy of this

order be placed in CP No.S-2658/2018 wherein all concerned

departments shall submit reports on monthly basis.

JUDGE
IK